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Terms of Service
Crazy Domains Terms and Conditions
These terms and conditions ("Agreement") are a legal agreement
that govern your use of the services provided by Crazy Domains,
including Web Hosting, Email Hosting, Search Engine Optimisation,
Website Builder, Construction and Domain Name registration ("Services").
By using or continuing to use the Services, you indicate your
assent to this Agreement.
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Provision of Services
1.1 - On and from the date of payment by you of the initial
fees for the Services (as set by Crazy Domains from time
to time), Crazy Domains agrees to provide the Services to
you for the period to which those fees apply subject to
the terms of this Agreement.
1.2 - Crazy Domains shall, subject to the Agreement, use
its reasonable best endeavours to maintain the continuity
of Services to you for the term of this Agreement.
1.3 - The Term of this Agreement may be extended by agreement
between the parties by the payment of the renewal fees that
Crazy Domains sets from time to time.
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Client Obligations
2.1 - You warrant to Crazy Domains that you are at least
18 years of age. Crazy Domains may terminate this agreement
immediately without providing a refund if it discovers that
you are under 18 years of age at the time of entering into
this Agreement.
2.2 - You undertake to Crazy Domains not at any time to
publish using the Services any material that infringes any
third party's intellectual property rights or any other
rights. You further agree to comply strictly with all relevant
laws, regulations, ordinances and other legislation of whatsoever
character as amended from time to time.
2.3 - You shall not permit any other person to use your
username in order to gain access to the Service, nor shall
you divulge to any other person any password which you may
from time to time use in gaining access to the Services.
If your password becomes known, you will inform the Crazy
Domains help desk immediately. The Crazy Domains help desk
may require you to change your password where it considers
necessary.
2.4 - You agree at all times to indemnify Crazy Domains
for any expenses, costs, damages, penalties, imposts and
any other liabilities Crazy Domains incurs from time to
time, whether directly or indirectly, as a result of you
transmitting or receiving or in any other manner using any
information, which transmission, receipt or use is facilitated
by or connected with Crazy Domains providing you with the
Services, including without limitation liability for breach
of copyright or any other intellectual property rights.
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Acceptable Use
3.1 - You may only use the services for lawful purposes;
in particular you may not use the services:
a. to publish defamatory, offensive or abusive material
or material of obscene or menacing character; or
b. to publish any material (including viruses) which is
likely to cause harm to Crazy Domains or any other computer
systems.
3.2 - You specifically understand that the provision of
paragraph 3.1 extend to and include use of the Services
in connection with the use or distribution of any software
in breach of any copyright or other intellectual property
rights.
3.3 - You will not enter another computer via the Services
with malicious intent, nor will you disturb or disrupt any
computer, system or network ("malicious hacking").
3.4 - You will not publish or display any pornographic material
using the Services.
3.5 - You will not engage in the sending of bulk, unsolicited
commercial or political advertising via email or Usenet
posting ("spamming").
3.6 - Electronic fora such as mailing lists and newsgroups
have expectations regarding subject area and appropriate
etiquette for posting. Users of these forums should be considerate
of the expectations and sensitivities of others on the network
when posting material for electronic distribution.
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Search Engine Optimisation Service Guarantee
4.1 - Crazy Domains will on request refund the cost of its
Search Engine Optimisation Service to any customer whose
Website is not within three months of the performance of
that Service featured in the top 10 Google search results
(http://www.google.com) utilising keywords selected by Crazy
Domains in its sole discretion.
4.2 - You acknowledge that
Crazy Domains does not have direct control over search engine
placement and that although Crazy Domains will use its best
endeavours to maintain a high position for your Web site,
no ongoing guarantee of placement position is made.
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Purging of emails and Web content
5.1 - You acknowledge that
if you do not access your email account for a period of
one month or longer without prior arrangement, Crazy Domains
reserves the right to terminate your email account, delete
all information stored on it and delete Web content from
your account without notice to you.
5.2 - Crazy Domains may delete email or Web content from
your account that is in excess of the usage quotas that
it may determine and notify to you from time to time.
5.3 - You should not retain information of value to you,
which can only be accessed using the Services, or rely on
the Services for transmitting information of value to you.
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Service Levels
6.1 - Crazy Domains agrees to maintain the availability
to you of its network for 99% of each calendar month as
assessed by Crazy Domains using its own facilities and by
reference to fault reports accepted from you. Crazy Domains's
network will be deemed to be unavailable to you if
a. the Services include Web hosting and the hosted Web site
is completely unavailable from the wider Internet for a
continuous period of sixty minutes or longer; or
b. the Services include email
hosting and correctly addressed email is permanently bounced
from Crazy Domains' server, or email already delivered to
your mailbox is unavailable for collection, for a period
of one day or longer.
6.2 - Crazy Domains's network
shall be deemed to not be unavailable in the event of unavailability
caused or contributed to by you or any person or thing under
your control or power, during any period of scheduled maintenance
notified by Crazy Domains to you in advance, if the unavailability
is caused by malicious action of a third party, or by reason
of any Force Majeure.
6.3 - In the event of the
unavailability of Crazy Domains's network during a given
month, You will be entitled to claim from Crazy Domains
a credit against future invoices of 10% of the fees paid
or payable by you to Crazy Domains for the month in which
the unavailability occured.
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Payments
7.1 - If any payment due from you to Crazy Domains is not
received by the due date, you authorise Crazy Domains to
directly debit that payment using the credit card account
details provided by you upon registration.
7.2 - Crazy Domains is entitled to recover (on a full indemnity
basis) any costs, fees and charges (including legal costs)
incurred in recovering any amounts owing by you to Crazy
Domains. Without limitation to the above, Crazy Domains
may charge an administration fee of $50.00 for any dishonoured
cheques.
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Security of Information
No data transmission over the Internet can be guaranteed
as totally secure. Whilst Crazy Domains strives to protect
such information, it does not warrant and cannot ensure
the security of any information which is transmitted. Accordingly,
any information which you transmit is transmitted at your
own risk, and any information which Crazy Domains transmits
is transmitted without warranty as to its security. Nevertheless,
Crazy Domains will take resonable steps to preserve the
security of information sent or received using the Service
to the extent that such security is within its control.
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Termination by Crazy Domains
9.1 - Crazy Domains may terminate the Services immediately:
c. if it has reason to believe that you are not using the
services in accordance with these terms; or
d. if a competent regulatory authority requires Crazy Domains
to do so.
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Exclusions and Limitations
10.1 - This clause does not exclude or limit the application
of any provision of any statute (including the Trade Practices
Act 1974) where to do so would contravene that statute or
cause any part of this Agreement to be void.
10.2 - Crazy Domains excludes all implied conditions and
warranties, except any implied conditions and warranties,
except any implied condition or warranty the exclusion of
which would contravene any statute or cause any part of
this Agreement to be void ("Non-excludable Condition").
10.3 - The liability of Crazy Domains to you for breach
of any express provision of this Agreement or any Non-excludable
Condition is limited, at the option of Crazy Domains, to
refunding the price of the services in respect of which
the breach occurred or to providing those services again
(except for services of a kind ordinarily acquired for personal
domestic or household use or consumption, in respect of
which the liability of Crazy Domains is not limited under
this Agreement).
10.4 - Crazy Domains is not liable for any failure to perform,
or delay in performing, its obligations under this Agreement
due to anything beyond its reasonable control. If that failure
or delay exceeds 48 hours, you may terminate this Agreement
with immediate effect by notice to Crazy Domains.
10.5 - You shall not hold Crazy Domains liable for any loss
of privacy, provision of inaccurate information of advice,
or damage to your computer systems or files, which may at
any time result from your use of the Services. You understand
that the email can be read in transit.
10.6 - You accept sole legal responsibility for any messages,
file, data or other form of communication which you may
from time to time add to or transmit via the Services or
receive in any manner whatsoever, and absolve Crazy Domains
from any such legal responsibility in this regard.
10.7 - You understand and agree that opinions, advice, services
and all other information expressed on the Internet are
those of the provider and not of Crazy Domains. Crazy Domains
exercises no control whatsoever over the content of the
information passing through the Services.
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Amendment
Crazy Domains may amend these Terms and Conditions at any
time. It is your responsibility to review Crazy Domains's
Website periodically to ascertain whether these Terms and
Conditions have changed. The amended Terms and Conditions
will become effective as soon as they are posted on the
Crazy Domains Web site, following which if you continue
to use the Services, you are deemed to have agreed to be
bound by those amendments.
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General
12.1 - This Agreement is governed by the law of Western
Australia.
12.2 - Each party submits to the exclusive jurisdiction
of the courts of Western Australia.
12.3 - This Agreement embodies the entire understanding
and agreement between the parties as to the subject matter
of this Agreement.
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